Court : Delhi
Decided on : Jan-14-2011
..... were for determination of the mutual claims of the appellant and the respondent arising out of the contract contained in the acceptance of tender dated july 16, 1968. the question whether any amounts were payable by the appellant to the respondent under other contracts was not the subject matter of the arbitration proceedings. the court ..... been bestowed on the court under the 1940 act. in sundaram finance ltd. vs- nepc, (1999) 2 scc 479, the hon'ble supreme court, while distinguishing the provisions of 1940 act from the a&c; act, observed thus the 1996 act is very different from the arbitration act, 1940. the provisions of this act have, therefore, to be interpreted and construed ..... the status quo albeit with protection. russell on arbitration, 21st edition, in chapter 7-128 opined that the power to grant a mareva injunction or a mandatory injunction is available to the court in light of section 44 of the english arbitration act, 1996. it seems to us that there is a general consensus of .....
Tag this Judgment!Court : Delhi
Decided on : Jan-14-2011
..... 25. pw2 shri sudhir bhathla, director of bathla & company ltd. has stated that in june, 1997 they had approved loan application of mr. b.b.sabharwal and had agreed to finance him for rs.20 lakhs. ex. p5/1 is the copy of the application approved by them in this regard. he further stated that heena sabharwal, daughter of mr. b ..... sure. she, thereafter, stated that whatever permissions required to be sought, were to be obtained by her lawyer and she was not aware whether her lawyer had obtained permission under chapter xxii of the income tax act. it is, thus, quite obvious that the defendant did not apply for requisite income tax clearance under section 230a of the income tax ..... leads to inevitable dismissal of the suit. the view taken by the privy council was approved by supreme court in premraj vs. dlf housing and constriction pvt. ltd. air 1968 sc 1355.21. in his affidavit by way of evidence, plaintiff no.1 shri b.b. sabharwal has stated that at the relevant time he held 240 equity shares of .....
Tag this Judgment!Court : Delhi
Decided on : Jan-17-2011
..... .11.1989 was executed between the parties. various permissions were to be obtained by the parties from different departments and authorities including the appropriate authority under chapter xx-c of the income tax act, 1961, dda and the rbi for enforcement of the agreement to sell. 5. the above-said appropriate authority i.e the income tax department by ..... to be set up.34. in andhra sugars ltd. and anr. v. state of andhra pradesh, air 1968 sc 599, the supreme court has observed that the compulsion of law is not coercion as defined in section 15 of the contract act, 1872. 35. in siddheshwar sahakari sakahar karkhana ltd. v. cit,(2004) 12 scc 1, the supreme ..... the appropriate authority duly granted the no objection certificate' vide its order dated 24.03.1993. the requisite permission was obtained from the appropriate authority under chapter xx-c of the income tax act.(ii) permission from rbi on 29.04.1987, an application was made by the defendants to the rbi under section 31(1) of the fera, .....
Tag this Judgment!Court : Delhi
Decided on : Jan-21-2011
..... the case of males.the property of a male hindu dying intestate shall devolve according to the provisions of this chapter (a) firstly, upon the heirs, being the relatives specified in class i of the schedule; (b) secondly, if there is no heir of class i, then upon ..... on plot no.45 at sant nagar, new delhi, by using his retirement fund for this purpose along with the loans taken from relatives, friends and sahara investment and finance company. regarding the agricultural land in ropar, it has been alleged in the written statement of defendant no.1 that the aforesaid ancestral land was divided between him, his ..... husband of the plaintiff acquired any share in the aforesaid agricultural land merely by virtue of his being a son of defendant no.1. section 8 of hindu succession act, which deals with succession of the properties left by a male hindu dying intestate is relevant in this regard and reads as under:-general rules of succession in .....
Tag this Judgment!Court : Delhi
Decided on : Feb-14-2011
..... hearing impairment as follows:(l) "hearing impairment" means loss of sixty decibels or more in the better year in the conversational range of frequencies;24. chapter iv of the act mandates how the government and local authorities shall provide to children with disability free education; make schemes and programmes for non-formal education; research for ..... to mean a person suffering from not less than 40% of any disability as certified by a medical authority. keeping the same in mind, chapter v of the 1998 act provides for employment of persons with disabilities. section 21 deals with identification of posts which can be reserved for persons with disabilities. x x x ..... be it placed on record, the petitioners have referred to un multilateral road traffic convention of 1952, un convention on road traffic of 1968, section 2(i) of the 1995 act and the united nation's convention on the persons with disabilities (hereinafter referred to as the disability convention') which was ratified by india in .....
Tag this Judgment!Court : Delhi
Decided on : Feb-23-2011
..... availed of by the defendant."23. in the case before this court, though the plaintiff has not specifically pleaded the provisions of section 70 of the contract act, nor has any issue been framed by the court on its applicability, he has pleaded all the ingredients necessary for invocation of the aforesaid statutory provision. in ..... lawfully do something for another person or deliver something to him. the second condition is that while doing or delivering something, the claimant must not be acting gratuitously and thirdly, the person for whom something is done or to whom something is delivered must enjoy the thing done for or delivered to him as ..... enjoyed its benefit then different considerations come into play and s. 70 can be invoked. section 70 occurs in chapter v which deals with certain relations resembling those created by contract. in other words, this chapter does not deal with the rights or liabilities accruing from the contract. it deals with the rights and liabilities accruing .....
Tag this Judgment!Court : Delhi
Decided on : Mar-07-2011
..... from the aforesaid, it appears that, firstly, the mandate of section 10 is over shadowed by that of section 14, which also falls in chapter ii of the specific relief act, and enlists cases in which the law prohibits the specific enforcement of contracts. secondly, the relief of specific performance is itself a discretionary relief. the ..... clear that the material change in status or shareholding should have indirectly resulted in a transfer or assignment of participating interest. as mentioned above the mass financing transaction does not have this effect "46. he refers to para 2 of the letter of the petitioner dated 23.06.2010 issued in response to ..... mortgaging, pledging, charging or otherwise encumbering at its own risk and cost all or part of its participating interest for the purposes of security relating to finance to the extent required for performing its obligation under the contract, provided that:i) such party shall remain solely liable for all its obligations relating to .....
Tag this Judgment!Court : Delhi
Decided on : May-13-2011
..... and regretting that the season had miserably failed and therefore, the market had crashed. it was stated in this letter that since there was no lifting and no finances in the market, defendant no. 1 was not in a position to make any commitment for lifting or to make financial arrangements. defendant no. 1-company expressed its ..... court in fateh chand vs. balkishan dass, air 1963 sc 1405, maula bux vs. uoi air 1970 sc 1955 and gopal krishnaji vs. mohamed. haji, air 1968 sc 1413. the learned counsel for the plaintiff on the other hand contended that since the contract between the parties stipulated payment of liquidated damages which was a bona ..... to the effect that earnest money deposited by way of security for due performance of a contract does not constitute penalty contemplated under section 74 of indian contract act and even if it was held otherwise, the government was entitled to receive from the plaintiff reasonable compensation not exceeding that amount, whether or not actual damage .....
Tag this Judgment!Court : Delhi
Decided on : May-18-2011
..... any cognizable case which a court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of chapter xiii. (2) no proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one ..... in support of her case, the petitioner relied upon the following judgments: 1. bhagwant singh v. commissioner of police 1985 (2) scc 537 2. abhinandan jha & anr v. dinesh mishra 1968 air (sc) 117 3. indra carat pvt. ltd. v. state of karnataka & ors. 1989 air (sc) 885 4. ramesh kumari vs. state of nct of delhi 2006 air ( ..... by them. though the investigation was conducted by the cbi, the provisions under chapter xii of the code would apply to such investigation. the police referred to in the chapter, for the purpose of investigation, would apply to the officer/officers of the delhi police establishment act. on completion of the investigation, the report has to be filed by the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
Decided on : May-19-2011
..... in union of india and another v. dineshkumar (2010(3) scc 161). though it related to sections 64, 70, 74, 117(1)(2) and 141 of the border security forces act 1968, the question was whether the court was to give reasons in support of its verdict. placing reliance on the decisions in somdatt datta v. union of india (air 1969 sc ..... be termed solely as indiscipline and it is not mandatory to hold a board of inquiry in corruption matters. as regards regulations 197(ii), 202, 205, 207 and 209 of chapter vii of regulations for the navy part ii (statutory) are concerned, they relate to the procedure for convening board of inquiry but do not bring corruption charges within the ambit ..... statute, are to be treated as part of the statute and as effective (see state of tamil nadu v. m/s. hind stone air 1981 sc 711 and peerless general finance and investment co. ltd v. reserve bank of india air 1992 sc 1033). these rules and regulations are integral parts of one whole scheme and are to be read together .....
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